Colindres, Antonio

Lien claimant Reliable Medical Supply sought reconsideration of a WCJ's Findings and Order disallowing its lien for a lumbosacral orthosis (LSO) brace provided to applicant, who sustained an industrial low back injury on September 1, 2012. The WCJ found that lien claimant failed to meet its burden of proving that the treatment was reasonably required to cure or relieve from the effects of the injury. Lien claimant argued that medical necessity was not listed on the PTCS and therefore should not have been decided, and that defendant failed to respond to the second bill review (SBR) appeal. The Board found that lien claimant, standing in the shoes of the injured worker, bears the burden of proving all elements of its lien, that no DWC Form RFA initiated the UR process, and that Dr. Shah's reports contained no MTUS citations supporting the treatment. The Board emphasized that lien claimant declined the WCJ's offer to continue the matter to amend the PTCS and supplement evidence. The Petition for Reconsideration was denied.